Cabot Financial

[nemesis45]

Re: Cabot Financial

I was not suggesting in any way that cabot are nice people

My point was that as part of the FCA rules they must keep the debtor informed of the process of the CCA request . Therefore, if they write saying they are requesting the agreement from the original creditor and anticipate it will take 40 days they are doing what is required.

Maybe you can read what I said again
You will see it was only in reference to saying it could take 40 days and nothing else

In the past they used to write acknowledging the request and saying if they could not supply it in 12 days they would write again which of course would cost them more time and money. By streamlining and rationalising the process it increases efficiency, saves costs and aids increase in profits. Remember everything they do is designed to increase profits.

Lets face it, if they did not keep the debtor informed, you, me and others would be using it as a stick to beat them

I stick with mu opinion thank you,
There are many instances currently that show Cabot and it's various solicitor are dong their very best to thwart CCA requests.
The simple fact is that the owner of a debt should have the documents to hand.

I and others have read what you said and there's all sorts of opinions no doubt.

[Noah]

Re: Cabot Financial

Indeed everyone is entitled to their opinions and I am glad you read what I said but I do not think you understood. That may be my fault for poor expression.
I was not referring to any other tactics that Cabot may or may not have used, my only reference was regarding them saying 40 days to comply.
It may be your opinion that the creditor should have the documents and I agree , just as I believe they should not issue claims without them but as you know, that is not what the legislation says.

[MIKE770]

Re: Cabot Financial

theory yes - in practice not the case,

[nemesis45]

Re: Cabot Financial

Indeed everyone is entitled to their opinions and I am glad you read what I said but I do not think you understood. That may be my fault for poor expression.
I was not referring to any other tactics that Cabot may or may not have used, my only reference was regarding them saying 40 days to comply.
It may be your opinion that the creditor should have the documents and I agree , just as I believe they should not issue claims without them but as you know, that is not what the legislation says.

I only added that so that you might grasp just was is happening but I guess it wasted on you.

[Noah]

Re: Cabot Financial

I only added that so that you might grasp just was is happening but I guess it wasted on you.

I am fully aware of the tricks that debt purchasers and other DCAs get up to. I made a valid point about there being no penalty for non compliance with a cca request within the relevant timescale . I also made a valid point about by saying they anticipate 40 days is following procedures as set down by the FCA.

This was in response to your blanket statement that them saying it might take 40 was nonsense.

By making that statement your were suggesting that they were doing something wrong and the op may have thought it was something they could use to their advantage when in fact as we all know the only penalty for non or late compliance is the inability to enforce during the said period of non compliance.

When fighting a war don't start battles you can't win.

The he important thing is that the request gets sent and replied to and that what is sent in reply is looked at to see if it fulfills their obligations. I am hopeful they will not be able to send a legible two sided agreement as even the originals are barely legible because the type is so small.

[nemesis45]

Re: Cabot Financial

Hello Sue,

What are the details of the dispute with Provident?

nem

[Noah]

Re: Cabot Financial

I.m sure she will fill us in but from what she said it is a dispute on the balance because not all payments were entered into the book because her daughter could not always find it when the agent visited
Post # 8

[Kati]

Re: Cabot Financial

Thank you all, but Nemesis45 you wrote
I would send Cabot a CCA request (See Green Short Cuts Box above. This is for a Copy of the agreement for the Provident account.
Where is the green short cuts as I can't see what you mean.

I linked to the CCA request template in post #2

Hi @sueham ... you could try sending a CCA request to the 'owner' of the debt (http://legalbeagles.info/forums/show...y-of-Agreement)

[sueham]

Re: Cabot Financial

Hi all sorry haven't answered your questions. My daughter has been ill she suffers from problems with her heart so I try and tread carefully with her. No the dispute is with the amount of what is owing as she's sure it was a smaller balance back in 2012 which is when she had trouble keeping the payments up, and when she had her heart operation to be fitted with a pacemaker, which was also about the time she sometimes couldn't find her payment card. So most probably it's been added to by whoever purchased the debt.


Just one question on the CPPR request is..........

~If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. If they have purchase the debt do I leave this bit out above and just leave the bit below in
In the case of an absolute assignment, you are a creditor as defined by s.189.

Thanks for all your help

[Noah]

Re: Cabot Financial

No I would leave it i as some creditors try to play silly beggers

It won't do any harm

Normally with provident all the interest is added up front so the amount in the book is the total amount owing

The only thing I find odd is that she was only called on monthly as they usually call once a week unless you pay upfront.

Get the request sent off and then come back to us when the response is sent

[sueham]

Re: Cabot Financial

Noah, the reason the collector called once a month was that my daughter was paid once a month and it was an understanding with Provident that this could be done. To be honest I am not sure if she had already paid the month in advance as she can't remember.

Now have postal order so will be sending of the request today.
Thanks for all the help

[sueham]

Re: Cabot Financial

Hi all, haven't updated until today as I haven't heard anything from them concerning the CCA do I send another letter reminding them of the fact that my daughter has requested this on 22nd April 2016.
Thanks

[nemesis45]

Re: Cabot Financial

Hi all, haven't updated until today as I haven't heard anything from them concerning the CCA do I send another letter reminding them of the fact that my daughter has requested this on 22nd April 2016.
Thanks

No do not chase the CCA request if Cabot doesn't have it/ cannot get it the debt is unenforceable Until and agreement or compliant reconstituted one is supplied.

nem

[sueham]

Re: Cabot Financial

thank you Nem will leave as you suggest.

[sueham]

Re: Cabot Financial

just to keep you all updated as I haven't done so sorry. My daughter never heard back from debt collectors. We will now wait and see if this has been passed on to another. Thanks for all your help.